There was a warning made by Hubert Legal, about the eroding autonomy of member states. In the European Union. Hubert Legal is the senior legal adviser to the 28 EU member states and has expressed its concerns to the European commission about messing with justice.
He made his comments at a small private dinner in November 2013 where he called for humility. The dinner was hosted by Viviane Reding, the vice-president of the commission who is responsible for justice and fundamental rights.
Mr. Legal is an example of nominative determinism in the law since the retirement of Lord Judge. He has been providing legal counsel to the council of the European Union. The council of the European Union needs to be differentiated from the Council of Europe. It is the body where the representatives of the national governments sit.
He warned people during a two-day public conference about the future of the justice in the EU. Legal has French origin but speaks fluent English since he has served as a judge at an European Union court.
According to him, the European Commission should be cautious in its goals to bring the justice systems of EU states closer together. There is a real risk of global degradation of the quality of justice. The traditional guarantees offered by the judicial systems of the member states would be eroded by loss of their autonomy when it lack an equally coherent structure to make up for the losses.
It is important for the commission and its members to keep in mind that they are not missionaries who have to explain forcefully the fundamental rights to its people.
It will be helpful if humility, history and desire to learn are taken into consideration when someone tries to speak to nations about the fundamental rights on which their societies rest. Legal emphasized that his comment is purely theoretical.
Legal said that in his opinion “justice is not an imperfect science; it is an exact art”. Therefore, before any major changes are made, its cultural impact needed to be considered.
When we think about how justice works, we need to think about the legitimacy of a judge and what it consists of. In his view, legitimacy was based on the ability of the judge to deliver socially accepted. Therefore, it is important for judges to be sensitive and educated towards the needs of the people on whose behalf they judge.